Why global warming lawsuits are gaining traction in courtrooms around the world

Pacific Standard reports: Negotiators at the COP23 climate talks in Bonn, Germany, last week made some incremental progress toward fulfilling the Paris Agreement’s aim to limit global warming. But the intensifying urgency of the climate crisis requires bigger and bolder steps, including more lawsuits, according to a group of legal experts who met on November 15th in the basement of a converted church in downtown Bonn.

“We have a strong message for climate polluters: We’ll see you in court,” said Fijian activist Makereta Waqavonovono, a legal practitioner with the Pacific Islands Climate Action Network who made it clear that Fiji expects help from wealthier countries to pay for relocating about 800 coastal villages that will be flooded by rising sea levels in the next few decades.

At the panel, organized by the Heinrich Böll Foundation, climate activists and attorneys said that, as international climate policy keeps failing, litigation is becoming an increasingly important part of the strategy to force reductions of dangerous heat-trapping greenhouse gases—and to hold climate polluters financially accountable for the damage they’ve caused.

At the talks in Bonn, the question of compensation—Loss and Damage, in negotiator jargon—was once again shunted aside for the most part, said Naomi Ages, a climate liability expert with Greenpeace USA.

“Sometime soon there has to be a day of reckoning. Who’s going to pay for the climate damage already caused?” she said. “All governments are obligated to consider the human rights aspects of climate change, and the International Criminal Court has said that climate change is a possible reason for charges on crimes against humanity,” she added. [Continue reading…]

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Our relentless consumption is trashing the planet

George Monbiot writes: Everyone wants everything – how is that going to work? The promise of economic growth is that the poor can live like the rich and the rich can live like the oligarchs. But already we are bursting through the physical limits of the planet that sustains us. Climate breakdown, soil loss, the collapse of habitats and species, the sea of plastic, insectageddon: all are driven by rising consumption. The promise of private luxury for everyone cannot be met: neither the physical nor the ecological space exists.

But growth must go on: this is everywhere the political imperative. And we must adjust our tastes accordingly. In the name of autonomy and choice, marketing uses the latest findings in neuroscience to break down our defences. Those who seek to resist must, like the Simple Lifers in Brave New World, be silenced – in this case by the media.

With every generation, the baseline of normalised consumption shifts. Thirty years ago, it was ridiculous to buy bottled water, where tap water is clean and abundant. Today, worldwide, we use a million plastic bottles a minute.

Every Friday is a Black Friday, every Christmas a more garish festival of destruction. Among the snow saunas, portable watermelon coolers and smartphones for dogs with which we are urged to fill our lives, my #extremecivilisation prize now goes to the PancakeBot: a 3D batter printer that allows you to eat the Mona Lisa, the Taj Mahal, or your dog’s bottom every morning. In practice, it will clog up your kitchen for a week until you decide you don’t have room for it. For junk like this, we’re trashing the living planet, and our own prospects of survival. Everything must go. [Continue reading…]

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Can Britain get a quickie divorce then help rebuild a stronger Europe?

Simon Jenkins writes: War was once politics by other means. Now the converse may be the case, and thank goodness. But there is such a thing as dangerous politics. The centre is not holding. Leaders are digging into their national subconscious to unearth, if not guns, then a means to populist power.

The times when Britain has been summoned to “come to the aid of Europe” have been few. But they have been preceded by British blindness towards a sudden shift in politics on the continent. When the Catholic church, Louis XIV or Napoleon threatened the peace of Europe, Britain hesitated. It might send a Marlborough or a Wellington to fly the flag for British soldiering, but its heart was rarely in it.

The same casualness infuses the present Brussels negotiations. It may be dismaying to see the EU’s Barnier treat David Davis as might a counter-reformation cardinal some pesky Lutheran princeling. Barnier clearly cares nothing for Europe, only for the Holy Brussels Church and its budget. But in response Britain seems devoid of interest. It shows no vision of an endgame, as if it did not mind about Brexit either way. This is precisely how Europe slithered to war in centuries past.

Europe is not going to war. But its internal-government relations are ever more brittle. The prospect is of another credit crunch, the crippling of the Greek economy, mass unemployment in Italy and Spain, and a critical need for a deal with Russia.

Europe needs a leader. If Merkel is not to be one, then who? Surely not the egotistical Emmanuel Macron? It would have been a golden opportunity for Britain to seize the helm, if only it had not abandoned ship.

Britain has clearly to proceed with Brexit. But it must get the item off the negotiating table as soon as possible. It should seek a quickie divorce: pay the money and marry Norway. It could then hurl itself into a revived “concert of Europe”, and convince the EU’s council of ministers to convene a conference on reform. There could then be a fresh start, a new treaty for a future Europe of sovereign states. That is the treaty Britain can help to write and join, starting now. [Continue reading…]

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Mike Flynn business partner Bijan Kian now subject of Mueller probe

NBC News reports: A former business associate of Michael Flynn has become a subject of Special Counsel Robert Mueller’s investigation for his role in the failure of Flynn’s former lobbying firm to disclose its work on behalf of foreign governments, three sources familiar with the investigation told NBC News.

Federal investigators are zeroing in on Bijan Kian, an Iranian-American who was a partner at the now-dissolved Flynn Intel Group, and have questioned multiple witnesses in recent weeks about his lobbying work on behalf of Turkey. The grand jury convened for the investigation will soon have a chance to question some of those witnesses, the sources say.

Mueller recently indicted former Trump campaign chairman Paul Manafort and his business partner Rick Gates simultaneously. Manafort and Gates have pleaded not guilty. Both Flynn’s and Manafort’s lobbying firms have come under investigation for failing to disclose lobbying work on behalf of foreign governments. [Continue reading…]

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What Trump really told Kislyak and Lavrov after Comey was fired

Howard Blum writes: On a dark night at the tail end of last winter, just a month after the inauguration of the new American president, an evening when only a sickle moon hung in the Levantine sky, two Israeli Sikorsky CH-53 helicopters flew low across Jordan and then, staying under the radar, veered north toward the twisting ribbon of shadows that was the Euphrates River. On board, waiting with a professional stillness as they headed into the hostile heart of Syria, were Sayeret Matkal commandos, the Jewish state’s elite counterterrorism force, along with members of the technological unit of the Mossad, its foreign-espionage agency. Their target: an ISIS cell that was racing to get a deadly new weapon thought to have been devised by Ibrahim al-Asiri, the Saudi national who was al-Qaeda’s master bombmaker in Yemen.

It was a covert mission whose details were reconstructed for Vanity Fair by two experts on Israeli intelligence operations. It would lead to the unnerving discovery that ISIS terrorists were working on transforming laptop computers into bombs that could pass undetected through airport security. U.S. Homeland Security officials—quickly followed by British authorities—banned passengers traveling from an accusatory list of Muslim-majority countries from carrying laptops and other portable electronic devices larger than a cell phone on arriving planes. It would not be until four tense months later, as foreign airports began to comply with new, stringent American security directives, that the ban would be lifted on an airport-by-airport basis.

In the secretive corridors of the American espionage community, the Israeli mission was praised by knowledgeable officials as a casebook example of a valued ally’s hard-won field intelligence being put to good, arguably even lifesaving, use.

Yet this triumph would be overshadowed by an astonishing conversation in the Oval Office in May, when an intemperate President Trump revealed details about the classified mission to Russia’s foreign minister, Sergey V. Lavrov, and Sergey I. Kislyak, then Russia’s ambassador to the U.S. Along with the tempest of far-reaching geopolitical consequences that raged as a result of the president’s disclosure, fresh blood was spilled in his long-running combative relationship with the nation’s clandestine services. Israel—as well as America’s other allies—would rethink its willingness to share raw intelligence, and pretty much the entire Free World was left shaking its collective head in bewilderment as it wondered, not for the first time, what was going on with Trump and Russia. (In fact, Trump’s disturbing choice to hand over highly sensitive intelligence to the Russians is now a focus of special counsel Robert Mueller’s investigation into Trump’s relationship with Russia, both before and after the election.) In the hand-wringing aftermath, the entire event became, as is so often the case with spy stories, a tale about trust and betrayal. [Continue reading…]

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Extreme digital vetting of visitors to the U.S. moves forward under a new name

ProPublica reports: The Department of Immigration & Customs Enforcement is taking new steps in its plans for monitoring the social media accounts of applicants and holders of U.S. visas. At a tech industry conference last Thursday in Arlington, Virginia, ICE officials explained to software providers what they are seeking: algorithms that would assess potential threats posed by visa holders in the United States and conduct ongoing social media surveillance of those deemed high risk.

The comments provide the first clear blueprint for ICE’s proposed augmentation of its visa-vetting program. The initial announcement of the plans this summer, viewed as part of President Donald Trump’s calls for the “extreme vetting” of visitors from Muslim countries, stoked a public outcry from immigrants and civil liberties advocates. They argued that such a plan would discriminate against Muslim visitors and potentially place a huge number of individuals under watch.

ICE officials subsequently changed the program’s name to “Visa Lifecycle Vetting.” But, according to the ICE presentation, the goal of the initiative — enhanced monitoring of visa holders using social media — remains the same. [Continue reading…]

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President Trump and accusations of sexual misconduct: The complete list

The Washington Post reports: Many of the women have produced witnesses who say they heard about these incidents when they happened — long before Trump’s political aspirations were known. Three have produced at least two witnesses.

Such contemporaneous accounts are essential to establishing the credibility of the allegation because they reduce the chance that a person is making up a story for political purposes. In the case of sexual allegations, such accounts can help bolster the credibility of the “she said” side of the equation. Often, a sexual assault will occur behind closed doors. The contemporary corroborators can explain what they heard at the time and whether the story being told now is consistent with how the story was told years earlier. This does not necessarily mean an allegation is true, but it does give journalistic organizations more confidence to report on the allegation.

The Fact Checker first detailed some of the accusations against Trump during the 2016 campaign. That fact check also detailed the witnesses who backed up claims of sexual accusations against former president Bill Clinton — who, like Trump, insisted the women accusing him were not telling the truth.

Here’s a list of 13 women who have publicly come forward with claims that Trump had physically touched them inappropriately in some way, and the witnesses they provided. We did not include claims that were made only through Facebook posts or other social media, or in lawsuits that subsequently were withdrawn. [Continue reading…]

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‘So much about working in Washington is about loyalty’

The Washington Post reports: A high-profile Washington lawyer specializing in congressional ethics said Wednesday that Rep. John Conyers Jr. (D-Mich.) harassed and verbally abused her when she worked for him on Capitol Hill in the 1990s and that her repeated appeals for help to congressional leadership were ignored.

“There was nothing I could do to stop it,” Melanie Sloan said in an interview. “Not going to leadership, not going to my boss, not going to a women’s group, not going to a reporter. I was dismissed and told I must be mentally unstable.”

Sloan, the former executive director of Citizens for Responsibility and Ethics in Washington (CREW), was hired by Conyers in 1995 as minority counsel to the House Judiciary Committee, where he served as the ranking Democrat. She held the job until 1998.

During that time, Sloan said, she witnessed and experienced behavior by Conyers similar to episodes described in claims against him that on Tuesday prompted the House Ethics Committee to open an investigation.

In addition to accusations of sexual misconduct, the claims against Conyers included “mistreatment of staff.” Sloan said she did not believe she was sexually harassed by the congressman, but she said his behavior toward her was inappropriate and abusive. She said she was speaking publicly after seeing Conyers dismiss former staff members’ accounts of misconduct.

Sloan said that Conyers routinely yelled at and berated her, often criticizing her appearance. On one occasion, she said, he summoned her to his Rayburn Building office, where she found him in his underwear.

“I was pretty taken aback to see my boss half-dressed,” she said. “I turned on my heel and I left.”

Arnold Reed, Conyers’s legal counsel, denied Sloan’s allegations and said Conyers will address complaints about his conduct after Thanksgiving. “Representative Conyers has never done anything inappropriate to Melanie Sloan,” he said.

Sloan is the first former Conyers staff member to speak on the record about the 88-year-old congressman, the longest-serving member of the House and the top Democrat on the Judiciary Committee. She said she kept quiet about the incidents for 20 years because her earlier complaints were not taken seriously. She agreed to speak about her experience with Conyers after a Washington Post reporter contacted her.

“The reason I decided to go on the record is to make it easier for other people,” she said. “People are afraid to come forward. So much about working in Washington is about loyalty, and you are supposed to shut up about these things.” [Continue reading…]

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Congressman, on tape, threatened woman he would report her to Capitol Police

The Washington Post reports: In the 2015 phone call, [Rep. Joe] Barton confronted the woman [to whom he had sent sexually explicit photos, videos and messages] over her communications with the other women [who engaged in relationships with Barton], including her decision to share explicit materials he had sent. In that context, he mentioned the Capitol Police, a comment the woman interpreted as an attempt to intimidate her.

“I want your word that this ends,” he said, according to the recording, adding: “I will be completely straight with you. I am ready if I have to, I don’t want to, but I should take all this crap to the Capitol Hill Police and have them launch an investigation. And if I do that, that hurts me potentially big time.”

“Why would you even say that to me?” the woman responded. “The Capitol Hill police? And what would you tell them, sir?”

Said Barton: “I would tell them that I had a three-year undercover relationship with you over the Internet that was heavily sexual and that I had met you twice while married and had sex with you on two different occasions and that I exchanged inappropriate photographs and videos with you that I wouldn’t like to be seen made public, that you still apparently had all of those and were in position to use them in a way that would negatively affect my career. That’s the truth.”

In a statement late Wednesday, Barton said a transcript of the recording provided by The Post may be “evidence” of a “potential crime against me.” [Continue reading…]

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Sebelius: The Clinton White House doubled down on ‘abusive behavior’ and it’s fair to criticize Hillary Clinton

CNN reports: As a wave of stories unfold about sexual harassment and assault by men in power, a senior Democratic leader says her party should reflect on how it handled such charges when they were leveled against former President Bill Clinton.

“Not only did people look the other way, but they went after the women who came forward and accused him,” says Kathleen Sebelius, the former secretary of Health and Human Services and Kansas governor. “And so it doubled down on not only bad behavior but abusive behavior. And then people attacked the victims.”

Sebelius extended her criticism to Hillary Clinton, and the Clinton White House for what she called a strategy of dismissing and besmirching the women who stepped forward—a pattern she said is being repeated today by alleged perpetrators of sexual assault—saying that the criticism of the former first lady and Secretary of State was “absolutely” fair. Sebelius noted that the Clinton Administration’s response was being imitated, adding that “you can watch that same pattern repeat. It needs to end. It needs to be over.” [Continue reading…]

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Assad and Putin meet, as Russia pushes to end Syrian war

The New York Times reports: Thanking Russia for the military intervention he credited for “saving Syria,” President Bashar al-Assad met with President Vladimir V. Putin amid preparations for new talks aimed at ending the civil war.

Mr. Assad’s visit on Monday to the Russian resort town of Sochi was made public on Tuesday, a day before a summit meeting there for the leaders of Iran, Turkey and Russia, who have taken an increasingly prominent role in diplomacy with Syria while the United States has put Mr. Assad’s fate on the back burner.

Russian officials have said that their aim is to ensure Mr. Assad’s support for a political process to end a conflict that began more than six years ago. But Mr. Assad has consistently resisted compromise with his Syrian opponents, and doubts remain about how much Russia is willing, or able, to push him to accept significant changes like substantive power sharing or reforms.

In another signal that political change in Syria is less and less an international priority, in a phone conversation with Mr. Putin on Tuesday that lasted more than an hour and was mostly about Syria, President Trump did not bring up the issue of political transition, an administration official said. Instead, the White House said the two leaders agreed on the importance of stability, ending the war, fighting terrorism and allowing refugees to go home.

The declarations of military victory may also be premature: The Islamic State has lost much of its territory, but its fighters remain an insurgent threat and armed opposition groups still hold significant sections of the country. [Continue reading…]

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Male rape and sexual torture in the Syrian war: ‘It is everywhere’

Sarah Chynoweth writes: Last year I agreed to undertake a fact-finding mission for the UN refugee agency, UNHCR, on sexual violence against men and boys in the Syrian crisis. We knew that many women and girls were being targeted for rape and other sexualised violence, but we didn’t know much about what was happening to men and boys. Drawing on a few existing reports, I assumed some boys were being victimised, as well as some men in detention centres, but that sexual violence against males was not common. I worried that few refugees would have heard of any accounts and that they wouldn’t talk to me about such a taboo topic anyway. I couldn’t have been more wrong.

In October 2016, I landed in Erbil, the capital of Iraqi Kurdistan, where more than 200,000 Syrian refugees had fled. The UNHCR arranged for a translator and discussions with refugees at a nearby camp. I met with the first group, eight Syrian men who had fled the war. I asked them about their lives in the camp, how they were getting by, and what their main concerns were. Once we had established some rapport, I tentatively probed whether they had heard of any reports of sexual violence against men or boys in Syria. They looked at me incredulously, as if they couldn’t believe that I was asking such a basic question, saying: “Yes, of course. It is everywhere. It is happening [from] all sides.”

I was surprised at their response and their candour. I was also sceptical: rumours are rampant in war zones. Had they heard any accounts from someone they knew personally? Again, resounding replies of “yes” from the men. As I met with more and more refugees – almost 200 across Iraqi Kurdistan, Jordan and Lebanon [Continue reading…]

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Ratko Mladic, the ‘Butcher of Bosnia,’ guilty of genocide in last Balkan war crimes trial

The Washington Post reports: Ratko Mladic, a former Serb warlord who commanded forces that carried out some of the worst atrocities of the Balkan wars, was found guilty of genocide and other crimes against humanity by an international tribunal Wednesday.

Mladic, 74, was sentenced to life in prison for his role in the bloodiest chapter of European history since World War II.

His conviction on 10 of 11 counts marks the last major prosecution by the International Criminal Tribunal for the Former Yugoslavia, which the U.N. Security Council set up more than two decades ago.

The verdict was hailed as a victory for justice — even if it was long delayed.

“Mladic is the epitome of evil, and the prosecution of Mladic is the epitome of what international justice is all about,” said U.N. human rights chief Zeid Ra’ad al-Hussein. [Continue reading…]

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Lebanon’s Prime Minister Hariri puts his resignation on hold

The Washington Post reports: Lebanese Prime Minister Saad Hariri suspended his shock resignation delivered weeks earlier from Saudi Arabia, marking a stunning return to Beirut on Wednesday after weeks of speculation over his freedom of movement.

Hariri’s Nov. 4 announcement from Riyadh blindsided political allies and foes alike, and stoked regional tensions amid suggestions that he had been coerced by his main regional patron.

But standing in the marble hallway of Beirut’s presidential palace Wednesday, Hariri said that he had agreed to delay his resignation to hold a “dialogue” that would lead Lebanon out of crisis.

The announcement appeared to roll back a bold push by Saudi Arabia in recent weeks aimed at countering Iranian influence across the region. [Continue reading…]

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Young again: How one cell turns back time

Carl Zimmer writes: None of us was made from scratch. Every human being develops from the fusion of two cells, an egg and a sperm, that are the descendants of other cells. The lineage of cells that joins one generation to the next — called the germline — is, in a sense, immortal.

Biologists have puzzled over the resilience of the germline for 130 years, but the phenomenon is still deeply mysterious.

Over time, a cell’s proteins become deformed and clump together. When cells divide, they pass that damage to their descendants. Over millions of years, the germline ought to become too devastated to produce healthy new life.

“You take humans — they age two, three or four decades, and then they have a baby that’s brand new,” said K. Adam Bohnert, a postdoctoral researcher at Calico Life Sciences in South San Francisco, Calif. “There’s some interesting biology there we just don’t understand.”

On Thursday in the journal Nature, Dr. Bohnert and Cynthia Kenyon, vice president for aging research at Calico, reported the discovery of one way in which the germline stays young.

Right before an egg is fertilized, it is swept clean of deformed proteins in a dramatic burst of housecleaning. [Continue reading…]

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Bacteria slow their DNA repair to a crawl in favor of proofreading RNA gene transcripts

Jordana Cepelewicz writes: Evolution is a game of trade-offs. Every trait an organism inherits may have benefits and drawbacks; what matters to natural selection is whether the trait is positive or negative on balance. But in a recent study, researchers described a balancing act that seems more counterintuitive than most: Bacterial cells prioritize transcription — the process of making RNA transcripts of genes as the first step in protein production — over repairing double-strand breaks in their DNA.

“We tend to think of DNA as the brains of the cell,” said Susan Rosenberg, a biologist at Baylor College of Medicine in Houston. “If we push that analogy and think about parts of the cell competing for resources the way the parts of the body do, the brain should be getting whatever it needs at the expense of everything else.”

So when her Baylor colleague Christophe Herman approached her with the hypothesis that transcription might be more important than DNA repair, Rosenberg was ready to bet the other way. “And I was sure I would win,” she said.

But she was proven wrong. Last month, she, Herman and their team published the results of their research in Nature: They found, using a series of experiments and intricate controls, that transcription can trump DNA repair in E. coli. [Continue reading…]

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Naturally, Trump identifies more easily with an accused child molester than with the victims of sexual abuse

Politico reports: President Donald Trump’s near-endorsement of Alabama Republican Roy Moore followed days of behind-the-scenes talks in which he vented about Moore’s accusers and expressed skepticism about their accounts.

During animated conversations with senior Republicans and White House aides, the president said he doubted the stories presented by Moore’s accusers and questioned why they were emerging now, just weeks before the election, according to two White House advisers and two other people familiar with the talks.

The White House advisers said the president drew parallels between Moore’s predicament and the one he faced just over a year ago when, during the final weeks of the 2016 campaign, Trump confronted a long line of women who accused him of harassment. He adamantly denied the claims.

The president’s private sentiments broke into the open Tuesday when Trump all but declared he believed Moore’s denials.

“Let me just tell you, Roy Moore denies it. That’s all I can say. He denies it. And, by the way, he totally denies it,” Trump told reporters. Moore, 70, who has been accused of sexually pursuing — and in some cases assaulting — teenagers or young women when he was in his 30s. [Continue reading…]

James Downie writes: Donald Trump just can’t help himself. For almost two weeks, he kept largely silent about allegations that Roy Moore, the Republican candidate for Senate in Alabama, molested underage women when he was in his 30s. But on Tuesday, the president came out against Moore’s Democratic opponent Doug Jones, arguing that “we don’t need a liberal person in [the Senate seat], a Democrat.” And besides, Trump told reporters, “He says it didn’t happen and you have to listen to him, also.”

It’s bad enough that the president is backing an accused child molester for the Senate. We’ll find out whether Alabama voters agree with him in a few weeks. In the meantime, Trump’s words are also a reminder that, in the national conversation about sexual harassers, the president’s own record needs to be at the center. And yes, that means investigations.

The evidence against Trump is damning. Seventeen different women have accused Trump of sexual harassment. He admitted on tape that he would grope women without their consent because “when you’re a star, they let you do it.” He confessed to repeatedly entering pageant rooms when contestants were naked. He told two 14-year-olds (after they informed him of their age) that “in a couple years I’ll be dating you.” He said of a young girl on a Trump Tower escalator, “I am going to be dating her in 10 years.” [Continue reading…]

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